9 Jun 2022
BODY CORPORATE 444813 v AUCKLAND COUNCIL [2022] NZHC 1346
- Citation
- [2022] NZHC 1346
- Court
- High Court
The court found there was a real and arguable case that BJEL and Mr Jones owed duties of care in negligence simpliciter with respect to the alleged structural defects, that the exclusionary wording in the PS4 did not conclusively protect them from such negligence claims or from potential personal liability of Mr Jones, and that factual conflicts required trial resolution; balancing convenience and justice (including limitation risk) favoured retaining the third party notices, therefore the application to set them aside was dismissed.